Virginia’s Democrat legislature has once again approved legislation to create a regulated and taxed cannabis marketplace, and with both chambers backing identical measures, the proposal is all but certain to reach Gov. Glenn Youngkin’s desk once the General Assembly adjourns later this month.
By the session’s midpoint Tuesday, both chambers had passed identical measures to legalize retail sales of marijuana for adults 21 and older.
House Bill 2485, sponsored by Del. Paul Krizek, D-Fairfax, cleared the House in the afternoon with limited bipartisan support, while Senate Bill 970, carried by Sen. Aaron Rouse, D-Virginia Beach, passed Friday on a strict 21-19 party-line vote.
Del. Chris Obenshain, R-Montgomery, a local prosecutor, and Del. Will Morefield, R-Tazewell, were the two lone Republicans to back the House measure.
“I’ve been consistent in my support for a legal and regulated adult market for cannabis in Virginia,” said Obenshain, who voted for a similar proposal last year. “The status quo is confusing for individuals and businesses, and the lack of regulation or enforcement is dangerous for everyone involved,” he said.
Despite growing public and legislative support for a legal market, Youngkin has signaled he remains firmly opposed, citing concerns over crime, mental health, and regulatory challenges. His administration has repeatedly dismissed the push to expand legal cannabis in Virginia, making a veto all but certain.
“It’s great that this bill is getting Republican votes, but the one that matters is the governor, and yet he is unwilling to recognize that it is 2025 and not 1975, and it’s time to work across the aisle together to regulate retail cannabis sales to adults,” Krizek said Tuesday.
“Failure to do so only entrenches an unsafe, often dangerous illicit market. This is both a consumer protection concern and a public health one. A safer alternative will make for safer communities.”
Advocates still remain hopeful that the governor will change his mind in the coming weeks.
“Marijuana Justice and our CannaJustice Coalition is inspired to see leaders of both the Virginia House and Senate commit to the hard work put in last session,” said Chelsea Higgs Wise, executive director of Marijuana Justice. “Both bills prioritize tested products and demonstrate the need for an equitable regulated market as part of public health and safety.”
The fight for cannabis legalization in Virginia has been years in the making, marked by political shifts, legal gray areas, and ongoing battles over how — and whether — to establish a retail marketplace.
In 2021, Virginia made history as the first Southern state to legalize small-scale marijuana possession and home cultivation for adults 21 and older. Under the law, residents can grow up to four plants at home and possess up to one ounce of marijuana in public.
But while legalization passed under Democratic control, lawmakers never finalized a plan to regulate sales before Republicans took control of the governor’s mansion and briefly the House of Delegates in 2022.
That left Virginia in an unusual situation: Cannabis is legal to possess and grow, but there is no legal way to buy or sell it outside the state’s medical marijuana program. Without a retail framework, the underground market has flourished, with unregulated pop-up shops and online “gifting” businesses operating in legal limbo.
A 2024 Roanoke College poll found that 63% of Virginians support policies that help small cannabis businesses compete with pharmaceutical companies and medical dispensaries, while only 15% oppose them.
Democrats and cannabis advocates continue to push for a licensed, regulated market to address this gap, arguing that clear rules would protect consumers, generate tax revenue, and prevent illegal sales. The bills passed this year seek to do just that by creating a state-regulated system of licensed retailers and producers, similar to those in other states with legal cannabis markets.
But Youngkin’s office reiterated in December that his stance has not changed, setting the stage for another veto, which Democrats have not enough votes to override. If that happens, the fight over Virginia’s cannabis marketplace may have to wait for the state’s next governor.
Despite Youngkin’s hardline stance, Obenshain cited the need to act sooner rather than later.
“While I would like to see stronger public safety measures, such as my proposal to limit driving under the influence of marijuana, I have supported this effort because I think it is imperative that we act now,” Obenshain said. “My vote is a signal that I will continue to have good faith conversations with folks on all sides of this issue to try and reach a compromise that works for Virginia.”
